Sec. 6-2-2 Construction and Repair of Sidewalks.

No owner or occupant shall allow the sidewalk abutting on his/her premises to be littered with rubbish or dirt. If such owner or occupant shall refuse or fail to remove any such rubbish or dirt when notified to do so by the Village Board, or its designee, the Village of Edgar may cause the same to be done and report the cost thereof to the Village Administrator who shall spread the cost on the tax roll as a special tax against the premises, pursuant to Sec. 66.0627, Wis. Stats., or such cost may be recovered in an action against the owner or occupant.

(a) Construction and Repair Procedures.

(1) Construction and Repair Regulated. No person, whether owner, builder or contractor, shall build any new sidewalk or repair or renew, or cause to be built, repaired or renewed any existing sidewalk contrary to the provisions of this Chapter, except where such a change in the specifications hereinafter set forth shall be deemed in the best interests of the Village of Edgar.

(2) Village Board May Order; Standards. The Village Board may determine that sidewalks be constructed and establish the width, determine the material and prescribe the method of construction of standard sidewalks pursuant to this Section. The Village Board shall bid and award contracts for all sidewalk construction and reconstruction projects.

(b) Sidewalks Required.

(1) The following conditions may require the installation of sidewalks, per a determination by the Village Board.

a. On state and county highways improved with curb and gutter.

b. On arterial and collector streets improved with curb and gutter.

c. Around any residential block in which sidewalk exists along fifty percent (50%) or more of the total length around said block.

d. Whenever the Village Board deems sidewalks to be necessary for safety purposes.

e. When required under Title 14 with a new subdivision and land division.

(2) Areas of the community that meet the criteria to require sidewalks, but which presently do not have sidewalks, may be required per resolution of the Village Board, to have sidewalks installed in the future.

(1) Sidewalks in New Subdivisions. Sidewalks required in new subdivisions and developments shall be paid for by the developer or land divider, at his/her cost, pursuant to Title 14 of this Code of Ordinances. New sidewalks constructed in existing areas of the Village shall be paid for by the Village of Edgar.

(2) Sidewalk Repair and Reconstruction. It shall be the duty of the abutting property owner to reconstruct and repair, and to maintain, existing sidewalks along or upon any street, alley, or highway in the Village of Edgar as required by the Village Board and to pay fifty percent (50%) and the Village fifty percent (50%) of the cost thereof.

(3) Village to Act as Own Contractor. Because it is in the public interest to expedite construction as required, the Village of Edgar shall act, where feasible, as its own contractor on any sidewalk project or shall select a private contractor to perform such work.

(d) Village Contract or Permit Required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the Village of Edgar unless he/she is under contract with the Village to do such work or has obtained a permit therefore from the Village Administrator or Public Works Department at least two (2) days before work is proposed to be undertaken. A fee as prescribed in Section 1-3-1 shall be charged for such permit.

(e) Standard Specifications for Sidewalk.

(1) General. Concrete sidewalk construction shall meet the specifications and provisions set forth in this Section and shall be constructed in locations and to line and grade as established by the Village of Edgar. All sidewalks constructed in the Village shall conform to the line and grade established by the ordinances or resolutions of the Village of Edgar. Where no grade has been established as ascertained by the records, the Village Engineer shall prepare and report a grade for the approval of the Village Board; and, when the same has been established, the Village Engineer or Public Works Department shall stake out the sidewalk as ordered by the Village Board. No sidewalk shall be laid under the provisions of this Section until a grade therefor has been established by the Village of Edgar.

(2) Subgrade. All earth, dirt and material shall be removed to a depth, not less than eight (8) inches, ten (10) inches across private driveways, below the grade line; and the space shall be filled with crushed stone, sand or gravel. The base shall be left four (4) inches thick after being tamped, with the stone or gravel to be not larger than one and one-half (1-1/2) inches in diameter and to be free from dirt, dust and foreign matter. Soft, porous and unsuitable subgrade material shall be removed and replaced with sand, gravel, or other satisfactory material, and the subgrade shall be thoroughly and uniformly compacted and moistened immediately before the concrete is placed. On embankments, the subgrade shall extend at least one (1) foot beyond each edge of the sidewalk.

(3) Surplus Excavation and Fill Between Sidewalk and Curb. All surplus earth and other material excavated from the line of work, which may not be required for filling, shall be hauled. Where the sidewalk does not abut the curb, gutter, pavement or other structures and when the concrete has been cured and forms removed, the space along the sides shall be backfilled with a satisfactory soil thoroughly compacted. Backfill shall be approved by the Public Works Department.

(4) Concrete. The minimum quantity of cement per cubic yard shall be six (6) sacks of ninety-four (94) pounds each. Concrete shall be mixed for at least one (1) minute. Gravel shall be of good quality and washed. Concrete shall test three thousand (3,000) pounds compression in twenty-eight (28) days. Bituminous sidewalks are prohibited except on special use walking trails.

(5) Forming. Concrete shall be placed in straight forms of wood or metal of sufficient strength to resist springing, tipping or other displacement during the process of depositing and consolidating the concrete. Concrete shall be placed in the forms on a moist subgrade, deposited just above the finished grade and consolidated and spaded sufficiently to bring the mortar to the surface and to prevent honeycombing. It shall then be struck off level with the top of the forms and finished with wooden flats. Forms shall be securely fastened, staked, braced and held firmly to required line and shall be sufficiently tight to prevent leakage of mortar, and all forms shall remain in place for twenty-four (24) hours after pour.

(6) Jointing, Floating and Finishing. Soon after screening and while the concrete is still pliable, the surface shall be floated with wood, cork or metal floats or by a finishing machine. At all places where the sidewalk intersects another sidewalk or curb-line, a one-half (1/2) inch expansion joint shall be placed. Transverse expansion joints of one-half (1/2) inch thick and four (4) inches wide and five (5) feet long or premolded material shall be located every thirty (30) feet. Sidewalks must be marked off to make blocks five (5) foot square and be at right angles to the parallel lines. Any new sidewalk adjoining an old sidewalk or a sidewalk which abuts curb and gutter shall have one-half (1/2) by four (4) inch expansion joints of premolded material.

(7) Slope.

a. All forms must be approved by the Public Works Department or other inspector designated by the Village Administrator before concrete is poured. To provide adequate drainage, the sidewalk shall slope toward the curb at a minimum rate of one-half (1/2) inch per foot of width of sidewalk. All joints and edges shall be finished with a one-fourth (1/4) inch radius edging tool.

b. In cases where the grade exceeds fifteen percent (15%), steps or special construction shall be required to fit the existing conditions. Such details shall be prepared by the Village Engineer and approved by the Village Board before construction of the walk is started.

c. Sidewalks shall be constructed within the limits of the street right-of-way (terrace), and unless otherwise specifically indicated, there shall be a one (1) foot strip of street property left between the property line and the edge of the sidewalk.

(8) Width and Thickness.

a. Residential walks shall be a minimum of five (5) feet in width and not less than four (4) inches thick, or shall match existing sidewalk width in that block. However, in driveway approaches, the minimum sidewalk thickness shall be six (6) inches. Such sidewalks shall have a grade one (1) inch higher than the adjacent curb on the curb side of the sidewalk. All such sidewalks shall be constructed eight (8) inches from the adjacent lot line.

b. In the case of a laydown type curb, the pitch shall be one-half (1/2) inch per foot from the curb in the parkway to the sidewalk with a three (3) inch minimum.

c. Sidewalks in front of commercil}l or industrial establishments shall have a width as determined by the Village Board and be five (5) inches thick, except within driveway approaches where the minimum thickness shall be seven (7) inches.

d. One-half (1/2) inch reinforcement rod shall be used when replacing or repairing sidewalks over alley entrances.

(9) Finishing. The concrete shall be struck off true to grade, finished smooth and given a broom finish in transverse direction. Edges and joints shall be given a finish with a one-quarter (1/4) inch radius edging tool. Dry cement shall not be spread on a wet surface to take up excess water. Finishing operations shall be delayed until water has disappeared. No tool marks shall be left on exposed surfaces. In case of rain, the walk shall be covered to protect the surface from being damaged. Sidewalks shall be kept free from all traffic at normal temperatures for forty-eight (48) hours and in cold weather [below fifty (50) degrees F.] for ninety-six (96) hours.

(10) Curing and Drying. As soon as any of the concrete work herein before mentioned has been finished and hardened sufficiently to prevent excessive marring of the surface, it shall be cured and protected against rapid drying. Failure to comply with this requirement shall be deemed sufficient cause for suspension of the work. Curing shall be accomplished by the "Impervious Coating," "Wet Fabric" or "Paper" methods. For impervious coating or membrane curing, only those materials meeting requirements of ASTM Spec. Cl56-44T, "Method of Test for Efficiency of Materials for Curing Concrete" shall be used. Said specifications are hereby adopted by reference as if fully set forth herein. Concrete shall be kept moist by sprinkling, covering or a combination of both for a period of five (5) days.

(11) Cold Weather Requirements. When the temperature is less than forty degrees Fahrenheit (40°F), all concrete placed in the forms shall have a temperature between fifty degrees Fahrenheit (50°F) and seventy degrees Fahrenheit (70°F) and shall meet the requirements as per Wisconsin Department of Transportation (WisDOT) specifications for cold weather concrete.

(12) Variances. Where the location of a sidewalk in accordance with the specifications established herein would severely conflict with the location of trees, or the root systems thereof, a written variance to the specifications may be issued by the Public Works Department permitting the sidewalk to be located so as to reduce such conflict. No variance shall be issued if the public safety or welfare would be adversely affected thereby.

(13) Higher Standards. Where deemed necessary by the Village of Edgar, higher sidewalk standards may be required by the Village Board or Public Works Department.

(f) Repair or Replacement of Defective or Damaged Sidewalks.

(1) Sidewalk Repair/Replacement.

a. Normal repair and/or replacement of existing sidewalks is done by the Village pursuant to Subsection (c) above.

b. Property owners installing new driveways, or making any other improvements affecting or altering existing curbs, gutters, sidewalks or driveway approaches shall be responsible for effecting repairs or reconstruction of such curbs, gutters, sidewalks or driveway approaches and shall be responsible for the cost of such construction, repair, or reconstruction. Property owners who damage such improvements shall also be responsible for the cost of such repair or reconstruc- tion (i.e. damage due to construction equipment or the placement of a dumpster).

c. Pursuant to Sec. 66.0907, Wis. Stats., the Village Board may order at any time property owners to repair or remove and replace any sidewalk which is unsafe, defective or insufficient, or which is damaged by the acts of the property owner or his/her agents. If the property owner shall fail to so repair or remove and replace such sidewalk within twenty (20) days after service of the notice provided in the Wisconsin Statutes, the Village Board or its designee shall repair or construct such sidewalk and the Village Administrator shall enter the total cost thereof upon the tax roll as a special tax against said lot or parcel of land. If an emergency situation exists which is caused by a sidewalk in need of repair, the Village Board or its designee shall immediately direct the property owner to immediately make repairs. If the property owner shall fail to repair such sidewalk within the required period, the Village Board shall make the necessary repairs and the Village Administrator shall enter the total cost thereof on the tax roll as a special tax against said parcel.

(2) Repair Criteria.

a. The Village Board may determine that any sidewalk which is unsafe, defective, or insufficient be repaired or removed and replaced with a sidewalk in accordance with this Section. The existence of any one or more of the hereinafter enumerated characteristics may determine whether a sidewalk is defective or insufficient:

1. Three-fourths (3/4) inch or more vertical differential between adjacent individual sidewalk blocks (crack in slab).

2. One and one-fourth (1-1/4) inch horizontal distance between adjacent individual sidewalk blocks.

3. Deterioration of the surface to a vertical depth of one-half (1/2) inch or more within each individual sidewalk block.

4. Cracked blocks (regardless of the width of the crack) on either side of the block that is defective per these specifications.

5. Poles, trees or other objects creating hazards.

6. Sidewalk sections which are out of conformance with design grade to the degree that water ponds.

7. Broken corners which are greater than three (3) inches in any dimension.

8. Blocks deemed to be unsafe because of surface deterioration.

9. Sidewalk blocks which were previously found to be defective upon subsequent inspection.

(3) Deficiency Formula. If sixty-five percent (65%) of a property owner's sidewalk blocks are determined to be defective or insufficient, the entire sidewalk shall be replaced.

(4) Procedure.

a. Authority of Board; Inspections.

1. The Village Board may order by ordinance or resolution sidewalks to be repaired as provided in this Subsection.

The Village Board designates the Public Works Deparrnent, as the Village entity responsible for the inspection of sidewalks in the community. The Public Works Department, shall, or through a designated agent, recommend which sidewalks in the community are in need of replacement. In the alternative, the Village Board may assign such duties to a standing or special committee, working with the Public Works Department.

2. By September 1st, the Public Works Department, shall inform the Village Administrator which sidewalks are recommended for replacement during the next budget year.

3. Defective sidewalks on streets to be reconstructed are to be replaced in all cases as part of the street reconstruction project.

b. Repair Order. The Village Board may order any sidewalk which is unsafe, defective or insufficient to be repaired or removed and replaced with a sidewalk in accordance with the standard fixed by the Village Board.

c. Notice. A copy of the ordinance, resolution or order directing the removal, replacement or repair of sidewalks due to damage caused by the property owner shall be served upon the owner or an agent, of each lot or parcel of land in front of which the work is ordered. The Public Works Department or the Village Engineer if so requested by the Village Board, may serve the notice. Service of the notice may be made by any of the following methods:

1. Personal delivery.

2. Certified or registered mail.

3. Publication in the official newspaper as a Class I notice, under Ch. 985, Wis. Stats., Wis. Stats., together with mailing by 1st class mail if the name and mailing address of ilie owner or an agent can be readily ascertained.

d. Default of Owner. If th wner neglects for a period of twenty (20) days after service of notice under Sub tion (e)(3) to lay, remove, replace or repair the sidewalk he/she has damaged, the Village of Edgar may cause the work to be done at the expense of the owner. All work for the construction of sidewalks shall be let by contract to the lowest responsible bidder except as provided in the Wisconsin Statutes.

e. Minor Repairs. If the cost of repairs or any sidewalk damaged by a property owner in front of any lot or parcel of land does not exceed the sum of Two Hundred Dollars ($200.00), the Public Works Department may immediately repair the sidewalk, without notice, and charge the cost of the repair to the owner of the lot or parcel of land, as provided in this Section.

f. Expense. The Public Works Department shall keep an accurate account of the expenses of laying, removing and repairing sidewalks damaged by a property owner, whether the work is done by contract or otherwise, and report the expenses to the Village Board. The Village shall anually prepare a statement of the expense incurred in front of each lot or parcel of land and report the amount to the Village Administrator. The amount charged to each lot or parcel of land shall be entered by the Village Administrator in the tax roll as a special tax against the lot or parcel of land and collected like other taxes upon real estate. The Village Board, by resolution or ordinance, may provide that the expense incurred may be paid in three (3) annual installments, and the Village Administrator shall prepare the expense statement to reflect the installment payment schedule. If annual installments for sidewalk expenses are authorized, the Village Administrator shall charge the amount to each lot or parcel of land and enter it on the tax roll as a special tax against the lot or parcel each year until all installments have been entered, and the amount shall be collected like other taxes upon real estate. The Village Board may provide that the Public Works Department or Village Engineer perform the duties imposed by this Section on the Village Board.

(g) Illegal Sidewalks. No sidewalk which shall be constructed contrary to the provisions of this Section shall be considered a legal sidewalk and the same may be ordered to be replaced with a legal sidewalk and with one that is in conformity with this Section, the same as if no sidewalk whatever had been built or constructed in the place where any such sidewalk is located.

State Law Reference: Sec. 66.0907, Wis. Stats.

Sec. 6-2-3 Curb and Gutter Construction.

All cement curb and gutter hereafter rebuilt or constructed in the Village of Edgar shall be constructed according to the following specifications:

(a) Establishment. No curb and gutter shall be worked until the grade thereof has been established according to the records on file in the office of the Village Administrator. No person shall alter the grade of any curb and gutter within the Village of Edgar by any means whatsoever, unless authorized or instructed to do so by the Village Board or the Public Works Department.

(b) Responsibility for Construction.

(1) Cost of New Curb and Gutter; Reconstruction. The cost of new or reconstructed curb and gutter shall be as prescribed in Section 6-2-2(c) for sidewalks.

(2) Replacement/Repair. The cost of replacement/repairs for curb and gutter shall be as prescribed in Section 6-2-2(c) for sidewalks.

(c) Contract with Village Required. No person shall hereafter lay, remove, replace, or repair any curb and gutter within the Village of Edgar unless he/she is under contract with the Village to do such work.

(d) Specifications. All curb and gutter within the Village of Edgar shall be repaired, rebuilt and constructed in accordance with specifications prescribed by the Public Works Department.

Sec. 6-2-4 Excavations of Streets, Alleys, Public Ways and Grounds.

(a) Permit Required.

(1) Permit to Be Obtained. No person, partnership or corporation, or their agents or employees or contractors, shall make or cause to be made any opening or excavation in any public street, public alley, public way, public ditch, public ground, public sidewalk or Village-owned easement within the Village of Edgar without a permit therefor from the Village Administrator or Public Works Department.

(2) Fee. The fee each application for a street opening permit shall be as prescribed in Section 1-3-1 plus any actual Village expenses. Applications may be made for multiple street openings on one (1) application form, at the required fee; however, each opening must be listed at the time the application is submitted to the Public Works Department for approval. Permit fees shall be paid to the Village Administrator who shall issue a receipt therefore. If the street opening is made prior to the receipt of an approved street opening permit from the Public Works Department, the application and review fee shall be as prescribed in Section 1-3-1 plus any actual Village expenses.

(3) Fee; Emergency Excavation. In the event of an emergency excavation for the protection of property, life, health, or safety and as authorized in Section 6-2-4(h), there shall be no permit fee (except any actual Village expenses shall be charged to the permittee) provided the application for the street opening permit is filed with the Public Works Department within two (2) regular business days of the excavation in accordance with Section 6-2-4(h). If the permit application for the emergency excavation is not filed within two (2) regular business days, the application and review fee shall be as prescribed in Section 1-3-1 plus any actual Village expenses.

(4) Surcharge. In addition to any permit fees or Village expenses, a surcharge shall be levied for any street opening which is in, or disturbs the paved portion (final surface) of any public street, public alley, public way, public ground, public sidewalk, or Village-owned easement within the Village of Edgar. The surcharge shall be determined as follows:

Age of the Final Paving	Surcharge
New pavement to one (1) year	5 times the permit fee
1 year to 2 years	4 times the permit fee
2 years to 3 years	3 times the permit fee
3 years to 4 years	2 times the permit fee
4 years to 5 years	1 times the permit fee
More than 5 years	No surcharge

(b) Application for Permit. The application for a permit shall be in writing and signed by the applicant or his/her agent. The applicant shall submit to the Village Administrator or Public Works Department, at the time the permit is applied for, sufficient information relating to the work to be done including the general location and nature of the work and the method applicant proposes to use in doing the work. The Village Administrator or Public Works Department shall determine if sufficient information is submitted.

(c) Village Work Excluded. The provisions of this Section shall not apply to excavation work under the direction of Village departments or employees or to contractors performing work under contract with the Village necessitating openings or excavations in Village streets.

(d) Validity of Permit. Permits shall be valid for a period of thirty (30) days from the date of approval, except as provided for under Section 6-2-4(g) for pavement replacement.

(e) Renewal of Permit. If operations have begun under an approved permit and will continue beyond the thirty (30) day validation period, the permittee shall apply for a thirty (30) day permit renewal by written request to the Village Administrator or Public Works Department. Permit renewals shall be issued at the discretion of the Village Administrator or Public Works Department.

(f) Village Standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this Section and Section 6-2-4. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.

(g) Insurance. At the time of permit application, a permittee must furnish the Village with satisfactory written evidence that he/she has in force and will maintain during the life of the permit and the period of excavation, insurance, with the Village of Edgar designated as an additional named insured, as follows:

(1) Worker's Compensation. Worker's compensation with limits as prescribed by the State of Wisconsin.

(2) Motor Vehicle Liability. Comprehensive motor vehicle liability with limits of Five Hundred Thousand ($500,000.00) for injuries to one (1) person and Five Hundred Thousand ($500,000.00) for any one (1) accident and property damage of not less than Five Hundred Thousand Dollars ($500,000.00). Motor vehicle liability shall cover owned, non-owned and hired vehicles.

(3) General Liability. Comprehensive general liability, with limits of not less than One Million Dollars ($1,000,000.00) each occurrence. The insurance coverage shall include the acts or omissions of any contractor, his/her employees, agents or subcontractors, and include explosion, collapse and underground liability coverage. A form of blanket contractual liability to indemnify and save harmless the Village of Edgar, its officers, agents and employees from any and all liability for accidents or damage caused by or arising from any work covered by the permit shall also be included in such insurance coverage.

(4) Completed Operations and Product Liability. This policy shall provide completed operations and product liability coverage for the period of time set forth in the permit and any extensions thereof and for a period one (1) year after final completion of the work. Limits of liability shall be the same as general liability.

(5) Umbrella Policy. The limits of liability mentioned above can be provided through split limits or through a combination of underlying an umbrella liability. Limits mentioned are minimum to be provided under any policy or combination of policies.

(h) Bond/Cash Deposit.

(1) Whenever the Public Works Department estimates that an excavation/opening project will involve over Five Thousand ($5,000.00) in work and before a permit for excavating or opening any street or public way for such project may be issued, the applicant must execute and deposit with the Village Administrator, determined and approved by the Public Works Department, an indemnity bond or cash deposit, as directed by the Village, in the sum of not less than One Thousand Dollars ($1,000.00) up to Ten Thousand Dollars ($10,000.00), conditioned that he/she will indemnify and save harmless the Village of Edgar and its officers/employees from all liability for accidents and damage caused by any of the work covered by his/her permit, and that he/she will fill/restore and place in good and safe condition all excavations and openings made in the street, and will replace and restore the pavement over any opening he/she may make as near as can be to the state and condition in which he/she found it, and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Village Board for a period of one (1) year, and that he/she will pay all fines of forfeitures imposed upon him/her for any violation of any rule, regulation or ordinance governing street openings or drainlaying adopted by the Village Board and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the Village of Edgar. Such statement shall also guarantee that, if the Village shall elect to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the same for one (1) year. Recovery on such bond for any accident, injury, violation of law, ordinance, rule or regulation shall not exhaust the bond but it shall cover any and all accidents, injuries or violation of law during the period of excavation for which it is given.

(2) An annual bond may be given under this Section covering all excavation work done by the principal for one (1) year beginning January 1, which shall be conditioned as specified above and in the amount determined by the Public Works Department as necessary to adequately protect the public and the Village of Edgar.

(3) Faulty work or materials shall be immediately replaced by the permittee upon notice by the Village of Edgar. Failure to correct deficiencies shall result in a one (1) year revocation of the right to obtain a street opening permit. The Public Works Department shall repair the deficiencies and bill the permittee for all labor, materials and equipment used plus twenty percent (20%) for administration.

(4) The person who does such restoration shall be responsible therefor for one (1) year from the date of the completion of the work and shall file a written guarantee or surety bond to that effect with the Village in an amount determined by the Public Works Department.

(5) Whenever the Village Board shall find that any such work has become defective within one (1) year of the date of completion, it shall give written notice thereof to the contractor or to his/her surety stating the defect, the work to be done, the cost thereof and the period of time deemed by the Village Board to be reasonably necessary to complete said work. After receipt of such notice, the contractor or the surety must, within the time specified, repair the defect or indemnify the Village of Edgar for the cost of doing the work as set forth in the notice.

(i) Public Utilities. All public utilities as defined in Sec. 66.0801 and 196.01, Wis. Stats., are hereby required to be bound by the terms and conditions of this Section and Section 6-2-5, any and all subparagraphs thereunder, except that a public utility as defined within this Section shall not be required to post the indemnity bond.

Sec. 6-2-5 Regulations Governing Excavations and Openings.

(a) Notification. An applicant who has been issued a street excavation permit shall notify the Village of Edgar of the date on which work will begin and the period of time required to complete the project. No excavation authorized under this Chapter may be initiated until such notification has been made by the applicant.

(b) Digger's Hotline. An applicant who has been issued a street excavation permit shall notify, obtain clearance from, and adhere to the requirements of Digger's Hotline. No excavation authorized under this Chapter may be initiated until such notification has been made and clearance has been obtained.

(c) Frozen Ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted between November 15th and May 1st except where it is determined by the Public Works Department or his/her designee to be an emergency excavation.

(d) Protection of Public.

(1) Every opening and excavation shall be enclosed with sufficient barriers, signing, and such other traffic control devices as may be required by the Public Works Department and in accordance with Section VI of WisDOT's Manual of Uniform Traffic Control Devises. Sufficient warning lights shall be kept on from sunset to sunrise. No open flame warning devices shall be used. Except by special permission from the Public Works Department, no trench shall be excavated more than two hundred fifty (250) feet in advance of pipe or conduit laying nor left unfilled more than five hundred (500) feet from where pipe or conduit has been laid.

(2) All barricades shall comply with the following standards:

a. Barricades and construction warning signs shall be erected, marked and reflectorized in conformance with the Manual of Uniform Traffic Control Devises, latest edition and revisions.

b. All barricades used at night shall be lighted with an average of one (I) flasher per barricade.

c. A construction warning sign, illuminated with at least one (I) flasher, shall be placed adjacent to the roadway approximately two hundred (200) feet in advance of the barricaded area.

d. Each barricade shall have the excavating contractor's name, address and telephone number marked prominently thereon or that of an authorized barricade rental agency. The telephone number shall be such that the contractor or an authorized representative can be reached twenty-four (24) hours a day.

(3) All necessary precautions shall be taken to guard the public effectively from accidents or damage to persons or property through the period of the work. Each person making such opening shall be held liable for all damages, including costs incurred by the Village of Edgar in defending any action brought against it for damages, as well as cost of any appeal, that may result from the neglect by such person or his/her employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.

(4) Unless otherwise approved, a minimum of one (1) lane of traffic in each direction shall be provided. Every effort shall be made on the part of the permittee to provide reasonable access to all properties adjacent to his/her project. In the event traffic is limited to less than one (1) lane in each direction, a flagman or temporary traffic control signal shall be provided so as to safely cycle traffic in each direction past the work area.

(5) The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Public Works Department twenty-four (24) hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in Section 6-2-4(b).

(6) When the operations will result in the loss of any utility service to private properties, the private properties shall be notified in writing or by personal contact at least twelve (12) hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in Section 6-2-4(g).

(7) Trenches adjacent to the roadway left open during non-working hours shall be protected with snow fence along the entire trench edge and shall be marked with flashing barricades at each end.

(8) No equipment or construction materials may be stored during non-working hours within a Village of Edgar roadway right-of-way.

(9) No steel track construction equipment may be driven on or over paved Village of Edgar roadways without authorization from the Public Works Department.

(10) Prior to beginning any work on Village roadways, the Village Administrator's office and Public Works Department shall be given the names and telephone numbers of at least two (2) contractor employees who may be contacted during non-working hours.

(11) Construction materials spilled or tracked on pavement shall be swept off by power broom equipment as soon as practical.

(12) No excavated materials may be stored temporarily or permanently within Village roadway right-of-way.

(13) The Village of Edgar may elect to have the Village or an outside contractor make the pavement repair for any street or sidewalk opening, in which case the cost of making such repair and of maintaining it for one (1) year shall be charged to the person making the street opening.

(e) Pavement Removal.

(1) Removal of existing pavement shall be to neat, straight lines. The permittee shall make a final saw cut in the existing pavement after backfilling. Excavations shall be kept to the mm1mum possible and acceptable for the convenience and safe performance of his/her work and in accordance with all applicable codes and regulations.

(2) Precautions shall be taken to prevent damage to road pavements. Sheathing and bracing or the use of a portable trench box should be used to prevent undermining of material below the existing pavement. If damage is done to the pavement, it shall be restored.

(3) If the pavement is damaged during excavation beyond the original saw cut lines, it shall be saw cut again along neat, straight lines. The finished saw cut shall leave a regular rectangular section for pavement replacement. Should the street opening occur within adjacent or close to an existing patch or require more than one (1) opening within a short distance, the permittee shall identify and locate the existing patches or additional openings on the permit application form. The Public Works Department or its designee shall, on the basis of an on-site inspection, approximate the boundaries of the pavement replacement area.

(4) Pavement replacement areas with the long dimension in the direction of travel shall have the long dimension parallel with the curb line or the direction of travel. Pavement replacement areas in concrete pavements shall be parallel with or at right angles to the direction of travel.

(5) The Public Works Department or its designee may order the permittee to remove and replace up to one (1) full lane width of pavement along the patched or excavated area. Special care shall be taken with concrete pavement to produce a vertical face on the existing concrete at the point of the saw cut to insure a full depth of concrete at the joint.

(f) Excavation.

(1) All excavated material shall be piled in a manner such that pedestrian and motor traffic is not unnecessarily disrupted. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural watercourses shall not be obstructed.

(2) Excavated material to be used for backfilling of the trench must be so handled and placed as to be of as little inconvenience as practical to public travel and adjoining tenants.

(g) Backfilling.

(1) Trench backfilling shall be accomplished as follows:

a. The backfill from the bottom of the utility pipe/conduit to an elevation one (1) foot above the pipe/conduit shall be fine granular material carefully placed by hand and well-tamped to fill completely all the spaces under and adjacent to the pipe/conduit so as to form a bed that will preclude subsequent settling. Compaction shall achieve a ninety-five percent (95%) of maximum dry density at optimum moisture as determined in accordance with Method of Test for Moisture-Density Relations of Soils, AASHTO Designation Tl80-74.

b. The remainder of the backfill may consist of suitable native soils with proper moisture content for maximum compaction. The contractor shall have and use at the job site a vibrating compactor before starting to backfill. The backfill shall be uniformly compact to at least ninety-five percent (95%) maximum dry density at optimum moisture as determined by the Method of Test for Moisture-Density Relations of Soils, AASHTO Designation T 180-74.

(2) All backfill material shall be free from cinders, ashes, refuse, vegetable or organic matter, boulders, rocks or stones greater than six (6) inches in their greatest dimension, frozen Jumps or other material which in, in the opinion of the Public Works Department or its designee, is unsuitable.

(3) In refilling the excavation, if there is not sufficient material excavated suitable for refilling, the deficiency shall be made up with material, approved prior to use by the Public Works Department or its designee, hauled in.

(4) Wherever an excavation crosses an existing utility, pipe or other structure, backfill shall be carefully compacted in stages from the bottom of the excavation. Any sanitary sewer, storm sewer, water, telephone, natural gas or other service shall not be interrupted by the permittee. It shall be the permittee's responsibility to have the various utilities locate and mark their facilities prior to excavation.

(5) The Village of Edgar may perform compaction control tests at such frequency and at such depths as it deems necessary to verify compliance with the compaction requirements of state highway construction standards.

(6) All excavations shall be subject to testing by the Village of Edgar. Backfilled material not achieving the above compaction requirements shall be removed and recompacted by the permittee. The cost of any retesting shall be paid by the permittee.

(7) When the sides of the trench will not stand perpendicular, sheathing and braces shall be used to prevent caving. No timber, bracing, Jagging, sheathing or other lumber shall be left in any trench. At no time shall any street pavements be permitted to overhang the excavation.

(h) Notice. It shall be the duty of the permittee to notify the Public Works Department and all public and private individuals, firms and corporations affected by the work to be done at least one (1) business day before such work is to commence. The Public Works Department shall also be notified at least four (4) hours prior to backfilling and/or restoring the sutface.

(i) Pavement Replacement and Sidewalk, Curb and Gutter and Driveway Restoration.

(1) Backfill material shall be left below the original sutface to allow for five (5) inches of three (3) inch crushed stone and four (4) inches of three-quarter (3/4) inch crushed stone, plus the thickness of the required pavement structure. If paving will not occur as part of the initial street restoration operation, the balance of the opening to the original sutface elevation shall be backfilled with compacted three-quarter (3/4) inch crushed stone.

(2) Bituminous pavement shall be placed the full depth of the existing pavement or three (3) inches, whichever is greater. Bituminous pavement shall be placed in a maximum of one and one-half (1-1/2) inch layers with each layer compacted to maximum density and shall consist of Wisconsin Department of Transportation Gradation No. 1 for the binder course and Wisconsin Department of Transportation No. 3 for the sutface course. The finished sutface shall be smooth and free of sutface irregularities and shall match the existing pavement and any castings or street appurtenances. Allowable deviations shall be no more than one-quarter (1/4) inch as measured with a ten (10) foot straight edge. If hot mix is temporarily not available, the hot mix shall be temporarily replaced with cold mix. The cold mix shall be removed and replaced with hot mix upon availability.

(3) Concrete pavement shall be placed to the full depth of the existing pavement or seven (7) inches, whichever is greater. Concrete used shall not contain calcium chloride. The sutface shall be given a light broom finish. The edges shall be tooled to prevent spalling at the saw cut edge. The sutface shall be evenly and completely sealed with a white pigmented curing compound. The sutface shall be protected from traffic for a minimum of three (3) days. Tie bars shall be installed as directed by the Public Works Department or its designee.

(4) All permanent restoration of street, curb and gutter shall be of the same type and thickness as the curb and gutter which abuts. The grade of the restored curb and gutter shall conform with the grade of the existing adjacent curb and gutter. Existing grass and terrace areas shall be covered with a minimum of four (4) inches of topsoil. Topsoil shall be seeded with perennial grass seed at a rate of two (2) pounds per one thousand (1,000) square feet.

(5) All permanent restoration of driveways and sidewalks shall conform to the manner of construction as originally placed and to the lines and grades as given by the Village Engineer. No patching of concrete driveway areas will be allowed between joints or dummy joints.

(6) Sidewalks shall be replaced the full width of the sidewalk and minimum length shall be sixty (60) inches. All replaced sidewalk shall be four (4) inches thick, except at driveways where it shall be six (6) inches thick. The new walk shall slope to conform to existing construction across the width of the walk toward the street.

(7) In emergency excavations during winter months when it is not possible to replace the removed pavement with a like material, the excavation shall be temporarily resurfaced with a minimum of three and one-half (3-1/2) inches of cold mix bituminous material. This temporary wearing surface shall be compacted and rolled smooth. These temporary wearing surfaces shall be removed and replaced with material as specified above by not later than the following June 1st, except as provided above. Permanent pavements shall be replaced within sixty (60) days of the date of the permit.

(8) When a street is reconstructed, utility laterals shall also be installed.

(j) Emergency Excavation. In the event of an emergency, any person, firm or corporation owning or controlling any sewer, gas main, water main, conduit or other utility in or under any public street, alley easement, way or ground and his/her agents and employees make take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health or safety without obtaining an excavation permit, provided that such person, firm or corporation shall apply for an excavation permit not later than the next business day and shall notify Village officials immediately.

(k) Excavation in New Streets Limited. Whenever the Village Board determines to provide for the permanent improvement or repaving of any street, such determination shall be made not less than thirty (30) days before the work of improvement or repaving shall begin. Immediately after such determination, the Village shall notify in writing each person, utility or other agency owning or controlling any sewer, water main, conduit or other utility in or under said street or any real property abutting said street, that all such excavation work in such street must be completed within thirty (30) days. After such permanent improvement or repaving, no permit shall be issued to open or excavate said street for a period of five (5) years after the date of improvement or repaving unless, in the opinion of the Village Board, or committee thereof, conditions exist which make it absolutely essential that the permit be issued. Every effort shall be made to place gas, electric, telephone and televi- sion cable lines in street terraces.

(I) Repair by Village. The Village of Edgar may elect to make the pavement repair for any street or sidewalk opening, in which case the cost of making such repair and of maintaining it for one (1) year shall be charged to the person making the street opening. In the event such charges are not paid within ninety (90) days of actual notice of the same having been furnished the applicant and owner of the premises for which said permit was issued, it shall become a lien against said premises and thereafter be assessed and collected as a special tax.

(m) Settlement of Work Performed. Settlement of the street surfacing, curb and gutter and/or driveway approaches, irregardless of who installed such the same, within one (1) year from the date of trench backfilling shall be construed as evidence of inadequate compaction and the contractor who backfilled the trench and the surety shall be responsible for the replacement of the street surfacing. Each successive replacement by the contractor shall be subject to satisfactory performance for a period of one (1) year.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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